works contract incidental or ancillary to the contracts mentioned
in paragraph (A) i.e. for the purposed of contracts for "Construction of
Building ... particular given contract is a
contract for sale of goods or is a works contract. Ultimately, the
terms of a given contract would be determinative
executed in favour of Bagwe
Housing. On 13 January 1999, a building contract was executed
between Bagwe Housing and Shree Construction Company-
Respondent ... Contractors
completing the works as provided herein and in
the Building Contract, on or before 30 th June,
2001 or within such extended period
State Of West Bengal vs Bharat Vanijya Eastern Pvt. Ltd on 4 January, 2017
Author
terminating the contract
and foreclosing the matter in the matter done
cannot but be deprecated.
15. This contract was relating to building
construction. The agreement ... fair and reasonable discretion of the
concerned authority. But, in a building contract,
extension, with or without condition, is normally
the rule with abrupt termination
contracts, because of the difficulty in describing accurately
at the time the contract is entered into every article to be used in the
building ... terms of the individual contract." (See Keating on
Construction Contraction Contracts, 10th Edition, Hudson's
Building and Engineering Contracts, 13th Edition, Emden
amended Amended
"2(i). "Works-contract" means an "2(i) "Work-contract" means an
agreement in writing ... works contract'.
49. Reverting back to the unamended definition of 'works contract', it is
noteworthy that works contract means an agreement which
Contracts not specifically enforceable -
....
(c) where the suit is for the enforcement of a contract for the construction of any building or the execution ... specific performance of a contract may be allowed by a court if the contract is for the construction of any building or the execution
same was issued by the party to whom the
building contract was given and not by an independent architect. However, the
said certificate ... area and the new Insert building
along with various other portions of building. As per the said certificate, the
assessee was directed to obtain
contract then to that extent, the contract is works contract and there is deemed sale of material (goods) used in the construction of building ... contract being works contract.
109. In Article 366 (29-A) (b) , the term "works contract" covers all genre of works contract
correct in their submission that a works contract is a separate species of contract distinct from contracts for services simpliciter recognised by the world ... kinds of contracts can assume are set out in Hudson on Building Contracts, at p. 165. It is possible that the parties might enter into
